COURTS, POLICE, AUTHORITIES & COMMON MAN
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They have a duty not to hold you in custody unreasonably or unnecessarily. You or your lawyer should have the opportunity to speak or write to the senior officer before they make this decision. If they decide to keep you in custody you should be told why and reminded of your rights. The custody clock stops when you are released and starts again if you're rearrested for the same offence. If you're taken to hospital for medical treatment, the clock stops while you're in hospital, unless the police interview you at the hospital or travelling to or from the hospital. You must be provided with information verbally or in writing about your rights.
When you're at the police station the police should give you a 'letter of rights' in your native language or a language you can understand. Copies of the letter in different languages are available on the Scottish Goverment website. If you haven't been informed of your rights, you may be able to challenge the custody as unlawful. Speak to a lawyer as soon as possible. The police will ask them and will need to tell them about the crime you are suspected of.
They should be allowed to see you before they are asked whether they agree or disagree. You can be held in custody at the police station but you shouldn't be in contact with any adults that have been charged with a crime. If you're under a compulsory supervision order, the police will tell the social work department and they may visit you in custody.
The social work department will also be told if the police delayed contacting a parent or guardian because they were worried about your wellbeing. The police must usually tell a parent or guardian as soon as possible and ask them to come to the police station. A senior officer might decide to delay telling your parents if, for example, they think it is best for your safety and wellbeing and they want a social worker to visit you.
If the police can't contact a parent or guardian, or they can't visit you, they will keep trying to reach an apropriate person. The police won't automatically contact a parent or guardian. You have the right to ask for a parent or guardian, or any adult you choose, to be told you're in custody and asked to visit you. Even if they come to the police station you can refuse to see them.
If the police can't reach your named contact, they will keep trying to reach an apropriate person who will visit you, unless you ask them not to. If you want to, you must be allowed to see the person who was contacted unless a senior officer refuses the visit. A parent, or the person contacted by the police, should be allowed access to a child under 16 who is in custody. The police may only allow access to one person at a time. If the police refuse parents access to children in custody without a good reason, this may lead to evidence obtained being ruled inadmissible. The police can delay a private meeting with your solicitor if it is necessary to prevent or investigate crime, but they should not refuse it completely.
If the police refuse to allow you to have a private meeting that you've asked for with your lawyer you could challenge this in court.
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The police will take a note of why you chose not to have a lawyer. The police shouldn't try to influence your decision whether to have a lawyer. As well as a lawyer, you have the right to have one other person told that you are at the police station. This might be a family member, a carer or a friend.
Duty of Care Owed by Police Clarified by Supreme Court – With a Sting in the Tail?
You don't have the right to make a telephone call personally - the police will do this for you. The police must do this without delay unless there is a good reason not to, for example, that it might lead to the destruction of evidence or the warning of accomplices. The delay shouldn't be longer than is needed to investigate, prevent crime or apprehend offenders. If you're cautioned and charged at the time of arrest you will be informed that you do not have to make any statement, but that anything you do say will be noted and may be used in evidence.
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You don't have to answer any questions the police ask you. You may feel it is best not to say anything further to the police until you have consulted a solicitor. You can say 'no comment'.
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If you're in police custody and you don't speak or understand English, or you have a speech or hearing impediment, you have a right to help with understanding the police proceedings. You may need an interpreter. The police must arrange this for you and it must be free.
You also have a right to translations of essential documents, such as the charges against you. These translations must be provided within a reasonable time and they must be free of charge. Only some parts of the essential documents may be translated or an oral translation may be provided as long as this would not be unfair to you. If the police decide that you don't need an interpreter or any translations of essential documents and you disagree, you or your lawyer should ask for a review of the decision.
The review must be carried out by a senior officer who hasn't been part of the investigation. The police are expected to put arrested people in reasonable accommodation and provide regular meals. Police cells are considered reasonable accommodation. Any clothing or property will be returned when you're released unless it's kept as evidence.
Police stations have disposable shell suits or paper suits to wear, and you may be able to get clothing sent from home. You can ask to speak to an independent custody visitor if they visit the station. An independent custody visitor who finds something wrong or who receives a complaint will usually try to resolve the problem with the police station's duty inspector but, if it isn't resolved, they will raise it with senior police.
It's not possible to contact an independent custody visitor after you're released from police custody. The police might consider you to be a vulnerable adult if you seem to have difficulty understanding what is happening or communicating because of a mental illness, a learning disability, dementia or brain damage. They are separate from the police. If you're in custody the police have the power to search you. The police can also confiscate your belongings, particularly if something could be used as a weapon.
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The search must be carried out by an officer who is the same sex as you. If you identify as transgender you should tell the police as soon as possible. If you've been arrested under a warrant, the police will have the power to do an intimate body search or 'strip search'.
This should only be done by an officer of the same sex and in private. They can ask you to remove clothing and you may be asked to hold your arms in the air or stand with your legs apart. They can only look at genital or anal orifices when a special warrant has been issued. A special warrant has to be obtained to carry out an invasive search.
You can ask to see the warrant. If you've been arrested or are detained under suspicion of having committed a crime for which you could be put in prison, the police have the power to take photographs of you. They will take standard photographs known as 'mug shots'. If you're released without being charged, or the charge against you is dropped, or you're found not guilty by a court, then the photographs will be destroyed by the police.
If you're charged, the photographs will be kept until you go to court. If you're found guilty, the photographs will be kept with your criminal record. If you've been arrested, the police will usually take your fingerprints, and may take palm prints or other impressions. Hodari D. Watson, U.
NEGLIGENCE LIABILITY FOR OMISSIONS AND THE POLICE
United States, U. New York, U. See id. See also Sibron v. Williams, U. Mimms, U. Wilson, U.
Johnson, S. Dickerson, U. Sixth Judicial Dist. Cortez, U. The inquiry is thus quite fact-specific. In the anonymous tip context, the same basic approach requiring some corroboration applies regardless of whether the standard is probable cause or reasonable suspicion; the difference is that less information, or less reliable information, can satisfy the lower standard. Alabama v. White, U. Texas, U. Prouse, U. Brignoni-Ponce, U. Georgia, U. But cf. Imprisonment Life imprisonment Indefinite imprisonment.
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